Is Signing 2-Page Job Offer Legally Binding (Non-Compete)

[klr650]

What is the name of your state?NJ
My question involves labor and employment law for the state of: NJ
I recently received a job offer in NJ. The company has some trade secret technology. It includes a statement similar to the one below:

Your employment with the Company is for an indefinite term and nothing in this letter modifies
your at-will employment relationship with the Company. Further, your employment will also be
subject to the Company’s “Personnel Policies” your entry into a
Confidentiality, Invention Assignment and Non-Competition Agreement in the form separately
provided to you, and Company’s general satisfaction with your work performance. You may
terminate your employment with the company for any reason with a written notice.
Additionally, Company may terminate your employment, for any reason, upon written notice.

I have not seen the Personnel Policies, Confidentiality, Invention Assignment, and Non-Compete. Should I get these in writing before signing this 2 page offer?

1. Is signing the 2-page offer legally binding? For example, if I decide to take another job offer, is the Non-Compete of the 1st job already activated?


2. The Company wants me to sign this document ASAP. Should I not sign the offer until I fully review the Non-Compete?


3. If I review the terms of the Non-Compete, and it doesn't seem reasonable, is it negotiable? For example, location restriction, length of time


4. If the Non-Compete says I can get compensation for work time loss, will this clause stay in place if I am fired, or if the Company gets purchased?


5. What constitutes "working in the same industry"? For example, if the 1st Company is in medical devices (heart treatment), is employment in a 2nd new medical device company (for lung treatment) a breach of the Non-Compete because it is also a medical device company? Are non-competes usually very detailed with regard to this? I have never reviewed a Non-Compete before.

Thanks in advance!

 

[quincy]

What is the name of your state?NJ
My question involves labor and employment law for the state of: NJ
I recently received a job offer in NJ. The company has some trade secret technology. It includes a statement similar to the one below:

Your employment with the Company is for an indefinite term and nothing in this letter modifies
your at-will employment relationship with the Company. Further, your employment will also be
subject to the Company’s “Personnel Policies” your entry into a
Confidentiality, Invention Assignment and Non-Competition Agreement in the form separately
provided to you, and Company’s general satisfaction with your work performance. You may
terminate your employment with the company for any reason with a written notice.
Additionally, Company may terminate your employment, for any reason, upon written notice.

I have not seen the Personnel Policies, Confidentiality, Invention Assignment, and Non-Compete. Should I get these in writing before signing this 2 page offer?

1. Is signing the 2-page offer legally binding? For example, if I decide to take another job offer, is the Non-Compete of the 1st job already activated?


2. The Company wants me to sign this document ASAP. Should I not sign the offer until I fully review the Non-Compete?


3. If I review the terms of the Non-Compete, and it doesn't seem reasonable, is it negotiable? For example, location restriction, length of time


4. If the Non-Compete says I can get compensation for work time loss, will this clause stay in place if I am fired, or if the Company gets purchased?


5. What constitutes "working in the same industry"? For example, if the 1st Company is in medical devices (heart treatment), is employment in a 2nd new medical device company (for lung treatment) a breach of the Non-Compete because it is also a medical device company? Are non-competes usually very detailed with regard to this? I have never reviewed a Non-Compete before.

Thanks in advance!

An offer of employment is not an employment contract.

Although any contract is technically negotiable, an employer can refuse to negotiate terms and you either accept them as written ... or not.

An NDA that protects trade secrets can last forever and have no geographical boundaries, and still be enforceable.

For example: If you are hired by Coca-Cola, you will be asked to sign a nondisclosure agreement and you will never be allowed to disclose to others the "secret recipe" for Coke (without severe penalties).

A noncompete agreement, on the other hand, is harder to enforce. Courts are reluctant to prevent people from working in the field for which they are trained. The terms must be reasonable in time and geographic reach.

I recommend you have any contract and additional agreements personally reviewed by an attorney in your area prior to signing, so you know exactly what signing the agreement means.